Richland Hills hmmm....im gonna have to think about where thats at.....

Near DFW area right?

O and thanks for the luck.

 

I NEVER SAID THAT I NOR MY DAD IS A EXPERT. so saw alittle to much into it. but do you think your an expert because you visit officer.com.

and i never said a officer couldnt write a ticket for a 140 in a 60. i just said most of the time they wont.

your talking about tarrant county i dont know crap about tarrant county. im talking about state law.

hey ill tell you what, im not going to agree with you but lets leave it alone. OK..... and yes show me in writing

16blckz28 if you need help in court just call domestic violence, after all he reads officer.com

the yellow sign is not a speed limit, its a recomended speed. correct.???

if your comming off a hw thats a 70 mph speed limit you can do 70 till your on the feeder that has a differnt speed limit even if the yellow sign says exit at 45.

brook

brook yes thats right.

16blckz28 sorry to intrude on your post.

 

Just as was stated before, DV is an actual officer. So yes he knows wtf he is talking about. Tards.....

Scott

 

I'm not a lawyer... but I think a good lawyer could do something.
My ex girlfriend's grandmother is a JP and she got into trouble before. So with a good lawyer I don't think it would be that hard. She got into the news and etc... When something gets to the press it is all over IMO. And now that I am thinking about it, it was pretty much the same thing. When she wanted to screw someone over she did it well, but she got into trouble.

If this happened to me my dad would pay a lawyer 10 times what I could get back to sue. I've never been in jail so... I would be pretty pissed. Plus I gotta lot class to go to and it would really really screw me up if it interfered with my school. Like beyond what I could comprehend if I made even a C right now. Yea I am under pressure right now!

Some hot shot lawyer is going to take the clerical error thing up to a high(est) court... Because that is beyond gray line IMO. Everyone falls under the same law. There isn't anything special about the government, they can't **** on a contract. And some lawyer would want to take something up to a federal court just for the principal.

If you have a hard time suing the state you can easily take that up to a district court and don't quote me but I think you can get treble(triple) damages if it goes down like that. And most importantly the possibility of an injunction.
But that is a different topic..

 

Maybe DV can shed some light on my experience a few years ago. I was at work and this guy comes up and slashes my tire with a rather large knife. 4 people saw him do this, we ran out and chased him but he got ina truck and took off. We saw the truck turn into the apt complex across the street. The cops came, took a statement and found the truck at the complex, ran the tags, found out which apt he was in, and when they knocked on the door noone would answer. The cop came back and told me he couldnt get a warrant because it was something an officer would have to witness happening before he could get a warrant and arrest him.

 

well, they would have to find out who this person is before they can get a warrant and the officer does not have to be the witness. in most cases, the officers rarely are the witness to more than traffic violations.
it's not like civil court though. in civil court you only have to prove by a preponderance of evidence, which means they most likely did it, but in criminal court you have to prove beyond a reasonable doubt, which means there is no question that they did it.

the officers can/should do some more investigation on it. even if nothing happens, or if it does and the judge doesn't order restitution, you can sue this person for the damages.
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i have been working as a police officer 40+ hours a week for the past 7 years. i post on officer.com because i am one.

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§ 545.401. Reckless Driving; Offense

(a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.

(b) An offense under this section is a misdemeanor punishable by:

(1) a fine not to exceed $200;

(2) confinement in county jail for not more than 30 days; or

(3) both the fine and the confinement.

(c) Notwithstanding Section 542.001, this section applies to:

(1) a private access way or parking area provided for a client or patron by a business, other than a private residential property or the property of a garage or parking lot for which a charge is made for the storing or parking of motor vehicles; and

(2) a highway or other public place.

(d) Notwithstanding Section 542.004, this section applies to a person, a team, or motor vehicles and other equipment engaged in work on a highway surface.

See, no speed restrictions

---------------------------------------------------
§ 543.004. Notice to Appear Required: Certain Offenses

(a) An officer shall issue a written notice to appear if:

(1) the offense charged is speeding or a violation of the open container law, Section 49.03, Penal Code; and

(2) the person makes a written promise to appear in court as provided by Section 543.005.

(b) If the person is a resident of or is operating a vehicle licensed in a state or country other than this state, Subsection (a) applies only as provided by Chapter 703.

(c) The offenses specified by Subsection (a) are the only offenses for which issuance of a written notice to appear is mandatory.

 

only SFCs and the 4 point rollbar.

 

yes, you are actually correct on one thing.

 

ill tell you what, im one of those people that will tell you i disagree. BUT WHEN IM WRONG IM WRONG. AND IM MAN ENOUGH TO ADMIT IT. I APOLOGIZE.

but i still have one question: doesnt doing 140 in a 60 fall under (a)....if i know im going 140 willingly isnt that disregard for the saftey of persons or property. or is that offisers disgression?


(a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.

and is there a internet site that has all the traffic laws. if so can you post a link.

 

i most definitely agree, but like i was saying earlier, reckless driving is filed through the district attorney's office because it also entails jail time as part of the punishment. all other class C violations go through municipal courts or JP courts. most of your bigger counties, ie. tarrant county, want a little more than speeding before they waste their time with a simple reckless driving. it doesn't mean you won't be arrested for it. i know plenty of officers who make the arrest knowing the charge will get dropped. it is very legal to do so because it may meet the criteria for the offense, but it doesn't meet what the DA will accept. it's one of those "you can beat the rap, but not the ride" type of things. they do it frequently with younger drivers that are consistent problems. they do it in hopes of scaring the bejeezus out of them so they won't do it again.

some DAs may say that anything over twice the limit is reckless driving. some DAs may say anything over 100mph. it just depends, but it is not specified in texas law. i wish our DA would set a limit for it, but unfortunately they don't. i have seen/issued citations for 130+ where they signed it and went on their way.

all the texas laws are at the following link...
http://www.capitol.state.tx.us/statutes/statutes.html
if you need help searching through all that mess, give me a holler and i can probably steer you to what you're looking for.

however, just knowing these won't give you what you may fully need to know. there are 1000s of case laws for each violation, the adoption of federal law in place of state law, and various other vehicle/criminal laws that go with the overall texas law.

i happen to be one of those bookworms who love to research law and what i can and can't write for. i've had to take some issues up with the Texas DPS legal counsel himself in Austin. this may be why i have never lost a single traffic case in my entire career.

this doesn't mean that on occassion i'm not wrong, but normally i've already done my homework. laws are always changing and anyone who tells you they are an expert, destroyed all credibility in themselves. no one is an expert in law. that's why attorneys only 'practice' law. experts don't need to consult with each other and carry around those big fat books. when you see a big criminal case, they always have multiple attorneys. that's because no one is an expert, but each person may know something the others don't.

 

What the hell mine was $2000 sure you didnt make a typo there?

Everything else is correct i believe though.

 

no typo. that's straight from the texas transportation code. i'm sure they charged you plenty in court fees, etc. there isn't really a cap on those.

 

i replied thinking you were the one i was having the discussion with. apologies.